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Agenda 12/12/2017 Item #16A 112/12/2017 EXECUTIVE SUMMARY Recommendation to approve an Interlocal Agreement with the City of Naples for the purpose of installation of License Plate Reading (LPR) cameras within County road rights-of-way. OBJECTIVE: To approve and enter into an Interlocal Agreement with the City of Naples for the purpose of installation of LPR cameras within seven locations of the Collier County road rights -of-way, and to authorize staff to issue the necessary Collier County Right-of-Way Permits once the application documents and plans meet County code and the required permitting fees are paid. CONSIDERATIONS: In October 2016, the Development Review Division of the Growth Management Department received applications from the City of Naples for the installation of LPR camer as within Collier County Right-of-Way. County staff recommended that the City and County enter into an Interlocal Agreement to authorize this use. The cameras will primarily be installed at the entrances to the City of Naples. The City of Naples has since adopted a Resolution approving an Interlocal Agreement with Collier County. The Interlocal Agreement identifies the specific locations of the cameras as well as the maintenance responsibilities of the City and the County as they relate to the cameras, cabl es, and associated equipment. The purpose of the cameras is to assist the Naples Police Department and other law enforcement agencies in advancing law enforcement and the public safety of residents and visitors. A copy of the Interlocal Agreement is attached. FISCAL IMPACT: The County will realize revenues as follows: Fund: Growth Management Fund 131 Agency: County Manager Cost Center: 138327 - Land Development Services Revenue generated by this project: Total: $7,000. (estimated) Representatives of the City of Naples had originally requested a waiver of permitting fees. Since the Growth Management Development Services Division operates as an enterprise fund and is not supported by the general fund, a waiver of the fees is not appropriate. Rather than burdening other rate payers and their clients for costs associated with the City’s permitting, should the Board consider the waiver of any fees, staff is requesting that the Board allocate funds and approve any related budget amendments to reimburse these enterprise funds for the actual costs incurred (as set forth in the Board’s approved Fee Schedule) for this project. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - HFAC RECOMMENDATIONS: 1. To approve the Interlocal Agreement with the City of Naples. 2. To authorize the Chairman to execute the Interlocal Agreement. 3. To authorize staff to issue the associated Right-of-Way Permit(s) once the application documents and plans meet County code and fees are paid by the applicant. Prepared by: John Houldsworth, Senior Site Plan Reviewer, Development Review Division 12/12/2017 ATTACHMENT(S) 1. Interlocal Agreement Naples (PDF) 2. Proposed Camera Locations (PDF) 3. LPR Camera Simulated Images (PDF) 12/12/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.1 Doc ID: 3488 Item Summary: *** This item has been continued from the July 11, 2017 BCC meeting.*** Recommendation to approve an Interlocal Agreement with the City of Naples for the purpose of installation of License Plate Reading (LPR) cameras within County road rights-of-way. Meeting Date: 12/12/2017 Prepared by: Title: Operations Analyst – Growth Management Operations & Regulatory Management Name: Judy Puig 07/11/2017 10:47 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 07/11/2017 10:47 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Skipped 07/11/2017 10:46 AM Growth Management Development Review Judy Puig Additional Reviewer Skipped 07/11/2017 10:46 AM Growth Management Development Review Judy Puig Additional Reviewer Skipped 07/11/2017 10:46 AM Growth Management Department Judy Puig Additional Reviewer Skipped 07/11/2017 10:46 AM Growth Management Department Judy Puig Level 2 Division Administrator Skipped 07/11/2017 10:46 AM County Attorney's Office Judy Puig Level 2 Attorney of Record Review Skipped 07/11/2017 10:46 AM Growth Management Department Judy Puig Additional Reviewer Skipped 07/11/2017 10:46 AM Growth Management Operations & Regulatory Management Judy Puig Additional Reviewer Skipped 07/11/2017 10:46 AM Growth Management Operations & Regulatory Management Judy Puig Additional Reviewer Skipped 07/11/2017 10:46 AM Transportation Engineering Judy Puig Additional Reviewer Skipped 07/11/2017 10:46 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/21/2017 1:56 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/26/2017 4:12 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 08/09/2017 3:03 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2017 7:38 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM Final 6/5/17 Page 1 of 6 INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY TO ALLOW THE CITY OF NAPLES TO INSTALL AND MAINTAIN LPR CAMERAS IN COUNTY RIGHTS-OF-WAY AT THE ENTRANCES TO THE CITY OF NAPLES ________________________________________________________________ This agreement by and between Collier County, a political subdivision of the State of Florida, hereinafter called the “County”, and the City of Naples, a Municipal Corporation, hereinafter called the ‘City”, is made to set forth the responsibilities of the City and County to install and maintain a license plate reading (LPR) camera system to support the Naples Police Department law enforcement effort. WITNESSETH: WHEREAS, the City desires to install LPR cameras, camera poles, fiber optic cables and electrical power in the County right-of-way at the following five locations: 9th Street North and Morningside Drive, North Horseshoe Drive and River Reach, North Road and Jo’s Drive, Sandpiper Street and Carlton Avenue, and Sandpiper Street and Georgetown Boulevard. WHEREAS, the City also desires to install power, fiber optic cables and collocate LPR cameras on the backside (side not facing oncoming traffic) of the Collier County traffic mast arms at the following two locations: Solana Road and Goodlette-Frank Road, and Bear’s Paw Trail and Golden Gate Parkway. WHEREAS, the LPR camera system will scan license plates of passing vehicles and send information to state and national databases through a computer program, which will in turn notify the City of any wanted or suspicious vehicles. WHEREAS, the LPR camera system will not be used for red light camera or traffic enforcement by the City. WHEREAS, the City and County have determined that the installation of a LPR camera system will assist the City’s Police Department and other law enforcement agencies in their law enforcement efforts, and that to provide effective coverage and remain cost efficient, the City needs to place LPR cameras in the County’s Right-of-Way at critical street intersections that provide access to the City. NOW, THEREFORE, in consideration of the covenants set forth herein, the parties agree as follows: 1. The above recitals are incorporated herein. 2. The County agrees to the installation of LPR cameras, camera poles, fiber optic cables and electrical power in the County right-of-way at the following five Final 6/5/17 Page 2 of 6 locations: 9th Street North and Morningside Drive, North Horseshoe Drive and River Reach, North Road and Jo’s Drive, Sandpiper Street and Carlton Avenue, and Sandpiper Street and Georgetown Boulevard, in accordance with the terms of this Agreement. 3. The County agrees to the installation of power, fiber optic cables and collocate LPR cameras on the backside (not facing oncoming traffic) of the Collier County traffic mast arms at the following two locations: Solana Road and Goodlette- Frank Road, and at Bear’s Paw Trail and Golden Gate Parkway, in accordance with the terms of this Agreement. 4. The City shall be responsible for payment of required permit fees, if not waived by Collier County, and to accomplish the work in accordance with the Collier County requirements, County Ordinances, County Handbooks and Florida Department of Transportation Design Manuals. 5. The City at its sole cost shall be responsible for installing and maintaining all LPR equipment in the rights-of-way and collocated on Collier County mast arms. 6. The City shall provide a fifteen (15) day written notice before beginning work to collocate LPR cameras on Collier County mast arms after securing the necessary right-of-way and lane closure permit (if necessary) from Collier County. All other notifications shall be in accordance with the Collier County Right-of-Way Permit. 7. The City shall reimburse the County for damages that it may cause if existing equipment on the mast arms is damaged within 30 days of submission of an invoice by County. 8. The City shall be responsible for replacing damaged and broken LPR and support equipment at its own expense if damages occur as the result of a vehicle accident, act of nature, or vandalism. 9. The City will assume liability for damages or losses that may occur if the City’s LPR cameras in the rights-of-way or collocated on County mast arms are responsible for causing damage due to improper installation or failure of its equipment. 10. The City will not assume liability for damages or losses that may occur to County mast arms if damaged by acts of nature or vehicle accidents. 11. The City shall temporarily remove its LPR equipment collocated on County mast arms if the County deems it necessary to perform maintenance or replace a mast arm(s), or to eliminate a conflict with County facilities, equipment, and or infrastructure. Final 6/5/17 Page 3 of 6 12. If the City is required to temporarily remove its LPR equipment from collocated County mast arms to support maintenance or replacement, or from County mast arms or County right-of-way to eliminate conflict with County facilities, equipment and or infrastructure, the City will do so at its sole cost but will not be charged additional lane closure right-of-way permits fees, unless City maintenance exceeds 3 occurrences or 3 days per calendar year at each location. Unless there is an emergency as determined by Collier County, the County shall provide the City with thirty (30) days written notice that the LPR equipment collocated on County mast arms must be temporarily removed for maintenance or replacement of the mast arms, or to or to eliminate conflict with County facilities, equipment, and/or infrastructure. Collier County may remove the City’s LPR equipment located in the County right-of-way or collocated on mast arms after having provided thirty (30) days’ notice written if the City has not done so on its own, or in the event of an emergency as determined by Collier County. The County will secure the City’s equipment and be reimbursed by the City for the removal costs within 30 days of submission of an invoice to the City. The City at its sole expense may re-install its LPR equipment once the County has completed its maintenance or replacement, provided there is no conflict with County facilities, equipment and or infrastructure. 13. If the City is required to permanently move its LPR or power equipment from the County rights-of-way or County’s mast arm to support road redesigns or construction, or to eliminate conflict with County facilities, equipment and/or infrastructure, the City and County will work to define a new location for the cameras, and the City will obtain new permits. The County shall provide the City with sixty (60) days written notice that the LPR equipment located in the right-of- way or collocated on County mast arms must be permanently removed to allow road redesigns or major construction or to eliminate conflict with County facilities, equipment, and/or infrastructure. The County may remove the City’s LPR equipment located in the right-of-way or collocated on mast arms for road redesign or major construction, or to eliminate conflict with County facilities, equipment, and/or infrastructure after the sixty (60) day notice if the City has not done so on its own. The County will secure the equipment and be reimbursed by the City for the removal costs within 30 days of submission of an invoice. 14. If the City decides to abandon its LPR camera project and infrastructure at a future date, and if the County does not wish to assume ownership of the LPR equipment, the City will be responsible at its sole cost for securing the necessary permits and paying the necessary fees to remove the equipment from the right -of- way. Abandoned infrastructure and equipment shall be removed within three (3) months of the County’s written request. Final 6/5/17 Page 4 of 6 15. If the City decides to abandon only its LPR cameras collocated on County mast arms at a future date, the City will be responsible for securing the necessary permits and paying the necessary fees to remove its equipment from County mast arms including the removal of cameras, brackets and cables. Abandoned infrastructure and equipment shall be removed within three (3) months of the County’s written request. 16. The City will be responsible for safeguarding all video collected from the LPR cameras and will store it in accordance with the appropriate document retention policy and in accordance with state law. 17. The City will be responsible for responding to requests for video or information from its system, and assumes the liability for releasing the information or not releasing the information, and assumes all costs associated with defending its actions. 18. The City will share information from the City owned LPR system in the County’s right-of-way with accredited law enforcement agencies when valid requests are received. 19. The County shall issue right-of-way and other permits as required to install its LPR equipment in the right-of-way and to collocate LPR equipment on the mast arms at the identified intersections, provided that the application documents and plans submitted by the City meet the County’s requirements, including but not limited to County Ordinances, County Handbooks, and Florida Department of Transportation Design Manuals and approved product lists. 20. In the event that the LPR cameras and equipment must be permanently removed to support road re-designs or new construction, the County will work with the City to define new locations for the cameras and grant new permits after the City applies for a new permit pursuant to County ordinances. 21. The County will assume no liability for damages or losses that may occur if the City’s LPR cameras in the right-of-way or collocated on County mast arms are damaged by storms, vandalism or traffic accidents, or County maintenance activities. 22. The County will assume no liability for damages or losses that may occur if the City’s LPR cameras in the right-of-way or collocated on County mast arms suffer a failure and cause accidents, injuries or loss to pedestrians and motorists. 23. The County will not have direct access to the video from the City’s LPR system and will not be responsible or liable for safeguarding video collected from the LPR cameras. Final 6/5/17 Page 5 of 6 24. This agreement shall be for a term of 10 years, unless renewed prior to expiration for one additional term of 10 years by either party giving 30 days advance written notice to other parties. However, either party may cancel this agreement at any time by giving 60 days advance written notice to the other party. 25. The City shall indemnify, defend, save and hold harmless County, its agents and employees, from and against any suits, demands, claims, the liability, losses, penalties, damages, judgments, orders, decrees, costs and expenses (including attorneys’ fees and disbursements and all costs, both at trial and appellate levels) arising directly or indirectly from (i) the City’s installation, use and maintenance of LPR cameras, camera poles, fiber optic cables and electrical power in the County right-of-way and the City’s installation, use and maintenance of LPR cameras, fiber optic cables and electrical power, on the Collier County traffic mast arms ,(this includes right to privacy) (ii) any work or thing done, or any condition created by or on behalf of the City on or about the County right -of-way, (iii) any condition of the County right -of-way due to or resulting from any default by the City in the performance of its obligations under this Interlocal Agreement or otherwise, and (iv) any act, omission, error or negligence of the City, its agents, contractors, employees, licensees, members or invitees on, about or in connection with the County right-of-way. This indemnification shall survive the termination of this Interlocal Agreement. 26. This interlocal agreement shall be recorded in the public records of Collier County at the cost of the City. IN WITNESS WHEREOF, the parties have executed this Agreement effective upon approval and execution by the parties. ATTEST: CITY OF NAPLES By: Patricia L. Rambosk, City Clerk BILL BARNETT, MAYOR Approved as to form and legality: ______________________________ Robert D. Pritt City Attorney Final 6/5/17 Page 6 of 6 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: , Clerk PENNY TAYLOR, CHAIRMAN Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney ")898 ")896 ")856 ")851 ")31 ")886 ¬«45 ¬«84 ¬«90 Pine Ridge Rd Tamiami TrailGoodlette-Frank RdAirport RoadGolden Gate Pkwy Livingston RoadAirport RoadDavis Blvd Bayshore DriveTa mia mi Trail E 5th Ave S Radio Road £¤41 Legend City of N aples Proposed C amera Locations ³ 0 0.5 1 1.50.25 Miles PROPOSED CAMERA LOCATIONS GIS Mapping: Beth Yang, AICPGrowth M anagem ent Dept.File: \\CC00005322\Beth\MXDs\Proposed Camera Locations.mxdGulfofMexico Simulated LPR Cameras Co-Located on County Infrastructure LPR Camera 6”x6”x5.7” (excluding shield) 5.5 lbs. (excluding mount and shield) Electrical Meter & Pedestal 40”above grade Hoffman Enclosure 24”x24”x13.5” Quazite Pull Box 13”x12”x12” Design load of 8,000 lbs. Simulated LPR Cameras Co-Located on County Infrastructure LPR Camera 6”x6”x5.7” (excluding shield) 5.5 lbs. (excluding mount and shield) Electrical Meter & Pedestal 40”above grade Hoffman Enclosure 24”x24”x13.5” Quazite Pull Box 13”x12”x12” Design load of 8,000 lbs. Simulated LPR Camera on Camera Pole, Electric Meter & Enclosure LPR Camera 6”x6”x5.7” (excluding shield) 5.5 lbs. (excluding mount and shield) Electrical Meter & Pedestal 40”above grade Hoffman Enclosure 24”x24”x13.5” Concrete Camera Pole 15’above grade Rated for 160 MPH wind gust Quazite Pull Box 13”x12”x12” Design load of 8,000 lbs.